CHAPTER 6

STANDARDS, TECHNICAL REGULATIONS AND

CONFORMITY ASSESSMENT PROCEDURES

Article 1

Definitions

For the purposes of this Chapter:

(a) TBT Agreement means the Agreement on

Technical Barriers to Trade in Annex 1A to the
WTO Agreement; and

(b) the definitions in Annex 1 of the TBT Agreement

are incorporated into and shall form part of this
Chapter, mutatis mutandis.

Article 2

Objectives

The objectives of this Chapter are to facilitate trade in

goods among the Parties by:

(a) ensuring that standards, technical regulations,

and conformity assessment procedures do not
create unnecessary obstacles to trade;

(b) promoting mutual understanding of each Party’s

standards, technical regulations, and conformity
assessment procedures;

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(c) strengthening information exchange among the
Parties on standards, technical regulations, and
conformity assessment procedures;

(d) strengthening co-operation among the Parties in

the work of international bodies related to
standardisation and conformity assessments;
and

(e) providing a framework to implement supporting

mechanisms to realise these objectives.

Article 3

Scope

1. For the mutual benefit of the Parties, this Chapter

applies to all standards, technical regulations, and
conformity assessment procedures of the Parties that
may affect trade in goods among the Parties except:

(a) purchasing specifications prepared by

governmental bodies for the production or
consumption requirements of such bodies;
and

(b) sanitary or phytosanitary measures as

defined in paragraph 1 of Annex A of the SPS
Agreement, which are covered by Chapter 5
(Sanitary and Phytosanitary Measures).

2. Nothing in this Chapter shall limit the right of a

Party to prepare, adopt and apply, in accordance with
its rights and obligations under the TBT Agreement,
standards, technical regulations, and conformity
assessment procedures to the extent necessary to fulfil
a legitimate objective. Such legitimate objectives are,
inter alia, national security requirements, the

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prevention of deceptive practices, and the protection of
human health or safety, animal or plant life or health,
or the environment.

Article 4

Affirmation of the TBT Agreement

1. Each Party affirms its rights and obligations with

respect to another Party under the TBT Agreement.

2. In the implementation of this Chapter, each Party

shall take such reasonable measures as may be
available to it to ensure compliance by local
government and non-governmental bodies, where
applicable, within its Area, which are responsible for
the preparation, adoption and application of standards,
technical regulations, and conformity assessment
procedures.

Article 5

Standards

1. With respect to the preparation, adoption and

application of standards, each Party shall ensure that
its central government standardising bodies accept
and comply with Annex 3 of the TBT Agreement. Each
Party shall take such reasonable measures as may be
available to it to ensure other standardising bodies
within its Area accept and comply with Annex 3 of the
TBT Agreement.

2. Each Party shall encourage the standardising

body or bodies, where applicable, in its Area to co-
operate with the standardising body or bodies of the
other Parties. Such co-operation shall include:

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 (a) exchange of information on standards;

(b) exchange of information relating to standard

setting procedures; and

(c) co-operation in the work of international

standardising bodies in areas of mutual
interest.

Article 6

Technical Regulations

1. Where relevant international standards exist or

their completion is imminent, each Party shall use
them, or relevant parts of them, as a basis for its
technical regulations except when such international
standards or relevant parts would be an ineffective or
inappropriate means for the fulfilment of the legitimate
objectives pursued, for instance because of
fundamental climatic or geographical factors or
fundamental technological problems.

2. Each Party shall give positive consideration to

accepting as equivalent technical regulations of
another Party, even if these regulations differ from its
own, provided it is satisfied that these regulations
adequately fulfil the objectives of its own regulations.

3. Where a Party does not accept a technical

regulation of another Party as equivalent to its own, it
shall, upon request of that other Party, explain the
reasons for its decision.

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 Article 7

Conformity Assessment Procedures

1. Each Party shall give positive consideration to

accepting the results of conformity assessment
procedures of another Party, even when those
procedures differ from its own, provided it is satisfied
that those procedures offer an assurance of conformity
with applicable technical regulations or standards
equivalent to its own procedures.

2. Each Party shall facilitate the acceptance of the

results of conformity assessment procedures
conducted in the Area of another Party with a view to
increasing efficiency, avoiding duplication, and
ensuring cost effectiveness of the conformity
assessments. In this regard, each Party may choose,
depending on the situation of the Party and the specific
sectors involved, a broad range of approaches. These
may include:

(a) recognition by a Party of the results of

conformity assessments performed in the
Area of another Party;

(b) recognition of co-operative arrangements

between accreditation bodies in the Areas
of the Parties;

(c) mutual recognition of conformity

assessment procedures conducted by
bodies located in the Area of each Party;

(d) accreditation of conformity assessment

bodies in the Area of another Party;

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 (e) use of existing regional and international
multilateral recognition agreements and
arrangements;

(f) designating conformity assessment bodies

located in the Area of another Party to
perform conformity assessment; and

(g) suppliers’ declaration of conformity, where

applicable.

3. Each Party shall exchange information with

another Party on its experience in the development and
application of the approaches set out in subparagraphs
2 (a) to (g) and other appropriate approaches with a
view to facilitating the acceptance of the results of
conformity assessment procedures.

4. A Party shall, upon request of another Party,

explain its reasons for not accepting the results of any
conformity assessment procedure performed in the
Area of the requesting Party.

Article 8

Co-operation

1. The Parties shall co-operate in the field of

standards, technical regulations, and conformity
assessment procedures with a view to facilitating
access to each other’s markets.

2. A Party shall, upon request of another Party, give

positive consideration to proposals on co-operation in
the field of standards, technical regulations, and
conformity assessment procedures. Such co-
operation, which shall be on mutually determined terms
and conditions, may include:

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(a) advice or technical assistance relating to the
development and application of standards,
technical regulations, and conformity
assessment procedures;

(b) co-operation between conformity assessment

bodies, both governmental and non-
governmental, in the Area of each of the
Parties such as:

(i) use of accreditation to qualify conformity

assessment bodies; and

(ii) enhancing infrastructure in calibration,

testing, inspection, certification and
accreditation to meet relevant
international standards,
recommendations and guidelines;

(c) co-operation in areas of mutual interest in the

work of relevant regional and international
bodies relating to the development and
application of standards and conformity
assessment procedures such as enhancing
participation in the existing frameworks for
mutual recognition developed by relevant
regional and international bodies; and

(d) enhancing co-operation in the development

and improvement of technical regulations and
conformity assessment procedures such as:

(i) co-operation in the development and

promotion of good regulatory practice;

(ii) transparency, including ways to promote

improved access to information on

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 standards, technical regulations, and
conformity assessment procedures; and

(iii) management of risks relating to health,

safety, the environment and deceptive
practices.

3. A Party shall, upon request of another Party, give

positive consideration to a sector-specific proposal that
the requesting Party makes for further co-operation
under this Chapter. Such co-operation shall be on
mutually determined terms and conditions.

Article 9

Consultations

1. Consultations on any matter arising under this

Chapter shall be held at the request of a Party which
considers that another Party has taken a measure
which is likely to create, or has created, an obstacle to
trade. Such consultations shall take place within 60
days from the request with the objective of finding a
mutually acceptable solution. Such consultations may
be conducted by any means agreed by the Parties.

2. Where a matter covered under this Chapter

cannot be clarified or resolved through consultations,
the Parties concerned may establish an ad hoc working
group with a view to identifying a workable and
practical solution to facilitate trade. The ad hoc working
group shall comprise representatives of the Parties
concerned.

3. Where a Party declines a request from another

Party to establish an ad hoc working group referred to
in paragraph 2, it shall, upon request of the requesting
Party, explain the reasons for its decision.

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4. Where an imported consignment does not
comply with the technical regulations or conformity
assessment procedures of the importing Party, the
Parties concerned shall undertake the necessary steps
to address the non-compliance without undue delay.

5. Any action taken pursuant to this Article shall be

without prejudice to the rights and obligations of the
Parties under Chapter 13 (Consultations and Dispute
Settlement) or under the WTO Dispute Settlement
Understanding.

Article 10

Agreements or Arrangements

1. The Parties shall seek to identify trade-facilitating

initiatives regarding standards, technical regulations,
and conformity assessment procedures that are
appropriate for particular issues or sectors.

2. Such trade-facilitating initiatives may include

agreements or arrangements on regulatory issues,
such as alignment of standards, convergence or
equivalence of technical regulations, conformity
assessment procedures and compliance issues.

3. Parties to an existing agreement or arrangement

shall, upon request of another Party, give consideration
to extending such an agreement or arrangement to the
requesting Party. Such consideration may be subject
to appropriate confidence building processes including
information exchange, co-operation, consultations and
training to ensure equivalence of relevant standards,
technical regulations, or conformity assessment
procedures.

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4. Where a Party declines a request of another
Party to consider extending the application of an
existing agreement or arrangement referred to in
paragraph 3, it shall, upon request of the requesting
Party, explain the reasons for its decision.

Article 11

Transparency

1. Each Party affirms its commitment to ensuring

that information regarding proposed new or amended
standards, technical regulations, and conformity
assessment procedures is made available in
accordance with the relevant requirements of the TBT
Agreement.

2. Each Party shall ensure that the information

relating to standards, technical regulations, and
conformity assessment procedures is published in
accordance with the relevant requirements of the TBT
Agreement. Such information should be made
available in printed form and, where possible, in
electronic form.

3. In connection with the notification requirements

under Article 2 and Article 5 of the TBT Agreement,
each Party shall allow at least 60 days for any other
Party to present comments on proposed technical
regulations or conformity assessment procedures
except where urgent problems of safety, health,
environmental protection or national security arise, or
threaten to arise, for that Party.

4. Each Party shall take into due consideration the

comments of any other Party presented pursuant to
paragraph 3 and shall endeavour to provide responses
to these comments upon request.

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 Article 12

Contact Points

1. Each Party shall designate a contact point or

contact points which shall, for that Party, have
responsibility for coordinating the implementation of
this Chapter.

2. Each Party shall provide the other Parties with

the name of each designated contact point and the
contact details of the relevant official or officials,
including telephone, facsimile, email and any other
relevant details.

3. A Party shall notify the other Parties promptly of

any change of its contact point or contact points or any
amendments to the details of the relevant officials.

4. Each Party shall ensure that its contact point or

contact points facilitate the exchange of information
among the Parties on standards, technical regulations,
and conformity assessment procedures, in response to
all reasonable requests for such information from a
Party.

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 Article 13

Sub-Committee on Standards, Technical

Regulations and Conformity Assessment
Procedures

1. The Parties hereby establish a Sub-Committee

on Standards, Technical Regulations and Conformity
Assessment Procedures (the “STRACAP Sub-
Committee”), consisting of representatives of the
Parties, to promote and monitor the implementation
and administration of this Chapter, including
monitoring consultations conducted pursuant to
Article 9 (Consultations).

2. The STRACAP Sub-Committee shall meet as

mutually determined by the Parties. Meetings may be
conducted in person, or by any other means as
mutually determined by the Parties.

3. The STRACAP Sub-Committee shall determine

its terms of reference in accordance with this Chapter.

4. The STRACAP Sub-Committee shall determine

its work programme in response to priorities as
identified and agreed by the Parties.

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